HomeMy WebLinkAbout2021-092 PO 20220061-Johnson, William P. Purchase Order
• CITY RECORDER Fiscal Year 2022 Page: 1 of: 1
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City of Ashland •
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ATTN: Accounts Payable Purchase
20 E. Main Order# 20220061
Ashland, OR 97520
T Phone: 541/552-2010 •
0 Email: payable@ashland.or.us
V •
H C/O Planning Division
E JOHNSON, WILLIAM P. I 51 Winburn Way
N PO BOX 20263
p Ashland, OR 97520
O ROCHESTER, NY 14602-0263 Phone: 541/488-5305
R
T Fax: 541/552-2050
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Bill Molnar
—st_IFI:IE € l_IEI:3a�[EI_
07/27/2021 3900 FOB ASHLAND OR/NET30 City Accounts Payable
Third Party Review Telecom
1 Third-party review of telecommunication facility planning 1.0 $15,000.00 $15,000.00
applications •
Personal Services Agreement(Less than $25,000)
Completion date: 06/30/2023
Project Account:
***************GL SUMMARY***************
092700-604100 $15,000.00
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07/29/2021 • -
kteeDate:
d Signature -=E - - $15,000.00
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FORINT #3CITY OF
A mili u&kw a ilmi' i—wi:q ;,off' ..
ASHLAND
REQUISITION Date of request: ='.07/26/2021.':.
Required date for delivery: 1 07/28/2021 =_:
Vendor Name WILLIAM P.JOHNSON •
Address,City,State,Zip PO BOX 20263,ROCHESTER,NY,14602-0263
Contact Name&Telephone Number (585)201-8744
Email address
celitower@gmail.com -
SOURCING METHOD
❑ Exempt from Competitive Bidding ❑ invitation to Bid 0.Emergencti •
O Reason for exemption: Date approved by Council: , ❑ Form#13,Written findings and Authorization -
❑ AMC 2.50 __,(Attach copy of council communication) • 0 Written quote or proposal attached
❑\Written quote or proposal attached If council al'royal re,uired,attach co. of CC
❑ Small Procurement d Request for Proposal Cooperative Procurement
Not exceeding$5,000 Date approved by Council: 0 State of Oregon
❑ Direct Award (Attach copy of council communication) • Contract#
.❑ VerbalN ritten bid(s)or proposal(s) 0 Request for Qualifications(Public Works) 0 State of Washington
Date approved by Council: Contract#
. _(Attach copy of council communication) ❑ Other government agency contract
Intermediate Procurement ❑ Sole Source Agency
GOODS&SERVICES 0 Applicable Form(#5,6,7 or 9) Contract# " )
Greater than$5,000 and less than$100,000 0 Written quote or proposal attached Intergovernmental Agreement
O (3)Written bids&solicitation attached ❑ Form#4,Personal Services$5K to$75K , Agency
PERSONAL SERVICES Date approved by Council: . 0 Annual cost to City does nol'exceed$25,000.
Greater than$5,000 and less than$75,000 Valid until:_ (Date) Agreement approved by Legal and approved/signed by
Ii Less than$35,000,by direct appointment 0 Special Procurement City Administrator.AMC 2.50.070(4)
❑ (3)Written proposals&solicitation attached ❑ Form#9,Request for Approval 0 Annual cost to City exceeds$25,000,Council
❑ Form#4,Personal Services$5K to$75K ❑ Written quote or proposal attached approval required.(Attach copy of council communication)
Date approved by Council:
• • Valid until: Date
Description of SERVICES Total Cost
f;'•`'ry Li1,., /f ri;��A r F l q t �+
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Third party review of telecommunication facility planning applications. t� Y t#O exe jYi -kf. t-# frk .ta?:".
v , -wIlt*% 0.34 ,Q r ' t t
Item# Quantity Unit Description of MATERIALS Unit Price Total Cost .
0 Per attached quotelproposal
O7'AL"?{COSii'fk
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134:44-5'10;(044N.
Project Number
Account Number 0 9 2 7 0 0.0 0 4 1 0 0 :;�;��F � ��e%afi'? %�i .
Account Number - Account Number -
'Expenditure must be charged to the appropriate account numbers for the financials to accurately reflect the actual expenditures. .
IT Director In collaboration with department to approve all hardware and software purchases: , '
s' - IT Directo Date Support-Yes/No •
By signing this requisition form,I certify
thatfthe City's public contracting requirements have been satisfied. .
Em to ee: -
'L '-�(�--k-Oi I • Department Head • r
p y "L--^ •l- -
(Equal to or greater than$5,000)
Department Manager/Supervisor: City Manager:
(Equal to or greater�tthOa2 25,000)
Funds appropriated for current fiscal year: YES/NO 0
1
Finance Director-(Equal to orgreater Man$5,000) Date
Comments:
Form 03-Requisition .
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PERSONAL SERVICES AGREEMENT (LESS THAN $25,000)
CONSULTANT: William P. Johnson
CITY OF
'2NSH L .N D ADDRESS: PO Box 20263,Rochester,NY 14602-0263
20 East Main Street
Ashland,Oregon 97520 P
Telephone: 541/488-5305 TELEPHONE: (585)201-8744
Fax: 541/552-5311
EMAIL: celltower@gmail.com
This Personal Services Agreement(hereinafter"Agreement") is entered into by and between the City of
Ashland, an Oregon municipal corporation(hereinafter "City")and William P. Johnson,a domestic professional
corporation ("hereinafter "Consultant"), for third-party review of telecommunication facility planning
applications,pursuant to Ashland Municipal Code Chapter 18.4.10.
NOW THEREFORE,in consideration of the mutual covenants contained herein,the City and
Consultant hereby agree as follows:
1. Effective Date and Duration: This Agreement shall become effective on the date of execution,on
behalf'of the City,as set forth below(the"Effective Date"), and unless sooner terminated as specifically
provided herein,shall terminate upon the City's affirmative acceptance of Consultant's Work as
complete and Consultant's acceptance of the City's final payment therefore,but not later than June 30,
2023.
2. Scope of Work:. Consultant will provide third party review of telecommunication facility application
materials and collocation studies as more fully set forth in the Consultant's Proposal dated June 21,
2021,which is attached hereto as"Exhibit A"and incorporated herein by this reference. Consultant's
services are collectively referred.to herein as the"Work."
3. Supporting Documents/Conflicting Provisions: This Agreement and any exhibits or other supporting
documents shall be construed to be mutually complementary and supplementary wherever possible. In
the event of a conflict which cannot be so resolved,the provisions of this Agreement itself shall control
over any conflicting provision's in any of the exhibits or supporting documents.
4. All Costs Borne by Consultant: Consultant shall,at its own risk,perform the Work described above r:
and,unless otherwise specified in.this Agreement, furnish all labor, equipment, and materials required
for the proper performance of such Work. ! .
5. Qualified Work: Consultant has represented, and by entering into this Agreement now represents,that
all personnel assigned to the Work to be performed under this Agreement are fully qualified to perform
the service to which they will be assigned in a sidlled and worker-like manner and,if required to be
registered,licensed or bonded by the State of Oregon,are so registered,licensed and bonded.
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Page 1 of 6: PERSONAL SERVICES AGREEMENT BETWEEN THE CITY OF ASHLAND AND William P.Johnson.
6. Compensation: City shall pay Consultant the sum of three hundred and fifty dollars per hour as full
compensation for Consultant's performance of all Work under this Agreement. In no event shall
Consultant's total of all compensation and reimbursement under this Agreement exceed the sum of
fifteeen thousand dollars without the express,written approval from the City official whose signature
appears below, or such official's successor in office. Payments shall be made within thirty(30)days of
the date of receipt by the City of Consultant's invoice. Should this Agreement be terminated prior to
completion of all Work,payments will be made for any phase of the Work completed and accepted as of
the date of termination.
7. Ownership of WorkIDocnments: All Work,work product, or other documents produced in
furtherance of this Agreement belong to the City,and any copyright,patent,trademark proprietary or
any other protected intellectual property right shall vest in and is hereby assigned to the City.
8. Statutory Requirements: The following laws of the State of Oregon are hereby incorporated by
reference into this Agreement: ORS 279B.220,279B.230 and 279B.235.
9. Living Wage Requirements: If the amount of this Agreement is$22,310.46 or more, Consultant is
required to comply with Chapter 3.12 of the Ashland Municipal Code by paying a living wage,as
defined in that chapter,to all employees performing Work under this Agreement and to any
Subcontractor who performs 50% or more of the Work under this Agreement. Consultant is also
required to post the notice attached hereto as"Exhibit B"predominantly in areas where it will be seen
by all employees.
10. Indemnification: Consultant hereby agrees to defend,indemnify,save, and hold City,its officers,
employees, and agents harmless from any and all losses,claims, actions, costs,expenses,judgments, or
other damages resulting from injury to any person(including injury resulting in death), or damage
(including loss or destruction)to property, of whatsoever nature arising out of or incident to the
performance of this Agreement by Consultant(including but not limited to, Consultant's employees,
agents,and others designated by Consultant to perform Work or services attendant to this Agreement).
However, Consultant shall not be held responsible for any losses, expenses, actions, costs,judgments, or
other damages, caused solely by the gross negligence of City.
11. Termination:
a. Mutual Consent. This Agreement may be terminated at any time by the mutual consent of both
parties.
b. City's Convenience. This Agreement maybe terminated by City at any time upon not less than
thirty(30)days'prior written notice delivered by certified mail or in person.
c. For Cause. City may terminate or modify this Agreement,in whole or in part, effective upon
delivery of written notice to Consultant, or at such later date as may be established by City under
any of the following conditions:
i. If City funding from federal,state, county or other sources is not obtained and continued at
levels sufficient to allow for the purchase of the indicated quantity of services;
ii. If federal or state regulations or guidelines are modified, changed, or interpreted in such a
way that the services are no longer allowable or appropriate for purchase under this
Agreement or are no longer eligible for the funding proposed for payments authorized by this
Agreement; or
iii. If any license Or certificate required by law or regulation to be held by Consultant to provide
the services required by this Agreement is for any reason denied,revoked, suspended,or not
Page 2 of 6: PERSONAL SERVICES AGREEMENT BETWEEN THE CITY OF ASHLAND AND William P.Johnson.
renewed. •
d. For Default or Breach.
i. Either City or Consultant may terminate this Agreement in the event of a breach of the
Agreement by the other. Prior to such termination the party seeking termination shall give to
the other party written notice of the breach and its intent to terminate. If the party
committing the breach has not entirely cured the breach within fifteen(15) days of the date of
the notice, or within such other period as the party giving the notice may authorize in writing,
then the Agreement may be terminated at any time thereafter by a written notice of
termination by the party giving notice.
ii. Time is of the essence for Consultant's performande of each and every obligation and duty
under this Agreement. City,by written notice to Consultant of default or breach,may at any
time terminate the whole or any part of this Agreement if Consultant fails to provide the
Work called for by this Agreement within the time;specified herein or within any extension
thereof.
iii. The rights and remedies of City provided in this subsection(d)are not exclusive and are in
addition to any other rights and remedies provided by law or under this Agreement.
12. Independent Contractor Status: Consultant is an independent contractor and not an employee of the
City for any purpose,
13. Assignment: Consultant shall not assign this Agreement or subcontract any portion of the Work
without the written consent of City. Any attempted assignment or subcontract without written consent
of City shall be void.
14. Default. The Consultant shall be in default of this Agreement if Consultant: commits any material
breach or default of any covenant,warranty,certification,or obligation under the Agreement;institutes
an action for relief in bankruptcy or has instituted against it an action for insolvency;makes a general
assignment for the benefit of creditors; or ceases doing business on a regular basis of the type,identified
in its obligations under the Agreement; or attempts to assign rights in, or delegate duties under,this -
Agreement.
15. Insurance. WAIVED BY CITY , ., , : ' • .:..: • ., -
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Page 3 of 6: PERSONAL SERVICES AGREEMENT BETWEEN THE CITY OF ASHLAND AND William P.Johnson.
the Consultant or its insurer(s)to the City,
f. Additional Insured/Certificates of Insurance. Consultant shall name the City of Ashland,Oregon,
16. Nondiscrimination: Consultant agrees that no person shall, on the grounds of race, color,religion,
creed,sex,marital status,familial status or domestic partnership,national origin, age,mental or physical
disability,sexual orientation, gender identity or source of income, suffer discrimination in the
performance of any Work under this Agreement when employed by Consultant. Consultant agrees to
. comply with all applicable requirements of federal and state civil rights and rehabilitation statutes,rules
and regulations. Further, Consultant agrees not to discriminate against a disadvantaged business
enterprise,minority-owned business,woman-owned business, business that a service-disabled veteran
owns or an emerging small business enterprise certified under ORS 200.055,in awarding subcontracts as
required by ORS 279A.110,
17. Consultant's Compliance With Tax Laws:
17.1 Consultant represents and warrants to the City that:
17.1.1 Consultant shall,throughout the term of this Agreement,including any extensions hereof,
comply with:
(i)All tax laws of the State of Oregon,including but not limited to ORS 305.620 and ORS
Chapters 316, 317, and 318;
(ii) Any tax provisions imposed by a political subdivision of the State of Oregon applicable
to Consultant; and
(iii) Any rules,regulations, charter provisions, or ordinances that implement or enforce any
of the foregoing tax laws or provisions,
17.1.2 Consultant,for a period of no fewer than six(6)calendar years preceding the Effective Date
of this Agreement,has faithfully complied with:
(i) All tax laws of the State of Oregon,including but not limited to ORS 305.620 and ORS
Chapters 316,317,and 318;
(ii) Any tax provisions imposed by a political subdivision of the State of Oregon applicable
to Consultant; and
(iii) Any rules,regulations,charter provisions, or ordinances that implement or enforce any
of the foregoing tax laws or provisions,
18. Governing Law; Jurisdiction: This Agreement shall be governed and construed in accordance
with the laws of the State of Oregon without regard to conflict of laws principles. Exclusive venue for
litigation of any action arising under this Agreement shall be in The Circuit Court of the State of Oregon
for Jackson County unless exclusive jurisdiction is in federal court, in which.case exclusive venue shall
be in the federal district court for the district of Oregon. Each party expressly waives any and all rights to
maintain an action under this Agreement in any other venue.
Page 4 of 6: PERSONAL SERVICES AGREEMENT BETWEEN THE CITY OF ASHLAND AND William P.Johnson.
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' 19. Notice. Whenever notice is required or permitted to be given under this Agreement, such notice shall be 1
given in writing to the other party by personal delivery,by sending via a reputable commercial overnight
courier,by mailing using registered or certified United States mail,return receipt requested,postage
prepaid,or by electronically confirmed at the address or facsimile number set forth below:
If to the City:
Corrimunity Development Department . •
Attn:Maria Harris I '
20 East Main Street
Ashland, Oregon 97520 • !!'
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With a copy to:
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City of Ashland—Legal Department
20 E.Main Street
Ashland, Oregon 97520
If to Consultant:
William P. Johnson
PO Box 20263
Rochester,NY 14602-0263
20. Amendments. This Agreement may be amended only by written instrument executed by both parties
with the same formalities as this Agreement.
21. THIS AGREEMENT AND THE ATTACHED EXHIBITS CONSTITUTE THE ENTIRE
UNDERSTANDING BETWEEN THE PARTIES. THERE ARE NO UNDERSTANDINGS,
AGREEMENTS, OR REPRESENTATIONS,EITHER ORAL OR WRITTEN,NOT SPECIFIED •
HEREIN REGARDING THIS AGREEMENT. CONSULTANT,BY SIGNATURE OF ITS
AUTHORIZED REPRESENTATIVE,HEREBY ACKNOWLEDGES THAT HE/SHE HAS READ
THIS AGREEMENT,UNDERSTANDS IT,AND AGREES TO BE BOUND BY ITS TERMS AND
CONDITIONS.
22. Certification. Consultant shall execute the certification attached hereto as"Exhibit C"and incorporated
herein by this reference.
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Page 5 of 6: PERSONAL SERVICES AGREEMENT BETWEEN THE CITY OF ASHLAND AND William P.Johnson.
IN WITNESS WHEREOF the parties have caused this Agreement to be signed in their respective names
by their duly authorized representatives as of the dates set forth below.
CITY OF ASHLAND: • William P.Johnson(CONSULTANT):
day: By: (Conditional on waiver of Par. 15)
Signature Signature
• /44 /lire William P.Johnson
Printed Name Printed Name
• �; 41.4 a7�� A % Consultant
TitleleTitle
7/2 6/z/ _ July'19,2021 • .
Date • • Date
(W-9 is to be submitted with this signed Agreement)
Purchase Order No.
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Page 6 of 6: PERSONAL SERVICES AGREEMENT BETWEEN THE CITY OF ASHLAND AND William P.Johnson.
CITY OF ASHLAND, OREGON •
City of Ashland
LIVING
ALL employers described WAG E
below must comply with City
of Ashland laws regulating
payment of a living wage.
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$15.96 per hour, effective June 30, 2021,, ..
Lir/ The Liven Wa a is:adjusted, ,
g g annually every
June 30{by the Consumer`Pace:Index.
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Employees must be paid a portion of the business of of health care, retirement,
living wage: their employer,if the 401K,and IRS eligible
employer has ten or more cafeteria plans(including
employees, and has received childcare)benefits to the
➢ For all hours worked under a financial assistance for the employee's amount of wages.
service contract between their project or business from the
employer and the City of City of Ashland over > Note: For temporary and
Ashland if the contract $22,310.46; part-time employees,the
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exceeds$22,310.46 or more. Living Wage does not apply
➢ If their employer is the City of to the first 1040 hours worked
>• For all hours worked in a Ashland,including the Parks in any calendar year. For
month, If the employee and Recreation Department. more details, please see
spends 50%or more of the Ashland Municipal Code
employee's time in that month > In calculating the living wage, Section 3.12.020.
working on a project or employers may add the value
• For additional information:
Call the Ashland City Manager's office at 541-488-6002 or write to the City Manager,
City Hall, 20 East Main Street,Ashland, OR 97520, or visit the City's website at www.ashland.or.us.
Notice to Employers: This notice must be posted In areas where it can be seen by all employees.
CITY OF
ASHLAND
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EXHIBIT C
CERTIFICATIONS/REPRESENTATIONS: Consultant,by and through•its authorized •
representative,under penalty of peijury, certifies that(a)the number shovyn on the attached W-9
form is its correct taxpayer ID (or is waiting for the number to be issued to it and(b)Consultant
is not subject'to backup withholding because: (i)it is exempt from backup withholding, or.(ii)it
has not been notified by the Internal Revenue Service(IRS)that it is subject to backup
withholding as a result of a failure to report all interest or dividends,or(iii)the IRS has notified
it that it is no longer subject to backup withholding. Consultant further represents and warrant s •
to City that: (a)it has the power and authority to enter into this Agreement and perform the
Work, (b)the Agreement,when executed and delivered,shall be a valid and binding obligation
of Consultant enforceable in accordance with its terms, (c)the work under the Agreement shall
• be performed in accordance with the highest professional standards,and(d)Consultant is
:qualified,professionally competent,and duly licensed(if applicable)to perform the Work.
Consultant also certifies under penalty of perjury that its business is not in violation of any
Oregon tax laws,it is an independent contractor as defined in the Agreement,it is authorized to
•do business in the State of Oregon, and Consultant has checked four or more of the following
criteria that apply to its business.
(1)Consultant carries out the work or services at a location separate from a private . .
residence or is in a specific portion of a private residence, set aside as the location of
• .the business. •
(2) Commercial advertising or business cards or a trade association membership are
purchased for the business.
i/lP6— (3)Telephone listing is used for the business separate from the personal residence
listing. .
1M� (4)Labor or services are performed only pursuant to written contracts.
1flT (5)Labor or services are performed'for two or more different•persons within a period
of one year; •
(6)Consultant assumes financial responsibility for defective workmanship or for
service not provided as evidenced by the ownership of performance bonds, .
warranties,errors and omission(professional liability)insurance or liability insurance
relating to the Work or services to be provided. •
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Consultant's signature
74°77202-i • •
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Date
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Page 1 of I: EXHIBIT C •
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William P Johnson
PO Box 20263
Rochester NY 14602-0263
June 21, 2021
Ms. Maria Harris, AICP, Planning Manager
City of Ashland, Community Development Department
20 E. Main St.
Ashland OR 97520
RE: Proposed Tower Telecommunications Facility Site Review
Dear Ms. Harris,
It is(rny pleasure to submit for your consideration ;this proposal for consulting
services for radio-frequency (RF) and related aspects of the subject application.
This proposal covers a two-year period starting July 1, 2021. In the following
information, "Client" refers to City of Ashland, Community Development
Department and "Consultant" refers to William P. Johnson. "Applicant" refers to
the party or parties collectively submitting the subject special permit or other zoning
application materials. Schedule A(attached)provides the basis for consulting fees
and other costs, and is an integral part of this proposal. Reference to "Statement
of Work" or "SOW" or "Engagement Agreement" or "Agreement" together or
individually mean this document and are equivalent terms.
Consultant is admitted to practice law in the State of New York. For purposes of
the present Agreement please be aware that the proposed Statement of Work
(SOW) for engineering services does not constitute an offer to provide legal
services. Acceptance of this proposed Agreement does not establish any
attorney-client relationship. Since there is no attorney-client relationship relative
to the proposed non-legal services, if the proposed SOW is accepted the protection
of an attorney-client relationship would not exist. If you have any questions about
the limitations on attorney-client relationship with Consultant under this Agreement
please immediately contact Consultant and consult your attorney for clarification.
STATEMENT of NON-LEGAL WORK TO BE PERFORMED BY CONSULTANT
1. Consultant will review, on a non-exclusive basis, Applicant's project
materials for a wireless telecommunications base station facility for
ELECTRICAL RF (radio-frequency) aspects. The purpose of the review is
to support Client's agents in finalizing their decision regarding the
application.
a. Scope of Review: Prior to the start of review, Client will annunciate
any specific areas of concerns for inclusion into the review.
Consultant will.assist Client when requested to arrive at a suitable
Statement of Work,Page 1
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Ms.Maria Harris,Planning Manager
Proposed Statement of Work for City of Ashland,Community Development Department,6/21/21
scope of review. Otherwise,Consultant will identify the most,relevant
issues for review.
b. Consultant will evaluate the RF information provided by Applicant for
completeness, consistency, and adequacy for administrative board
fact finding within the scope of review for the primary site and any
alternate sites relevant to the Client's needs.
c. Where appropriate Consultant will comment on the implications of
the system as proposed by Applicant within the scope of review.
d. Consultant will highlight information within the scope of review that,
in the professional opinion of Consultant, may require clarification or
which might otherwise be misinterpreted by Client's decision makers.
e. Consultant will produce a preliminary written report that summarizes
the relevant findings and explains the basis for the findings. As other
issues arise, Consultant will assist Client to clarify those issues and,
if needed, provide additional written reports to address those issues
at Client's request.
2. As needed on a non-exclusive basis, Consultant will make reasonable
efforts to attend work sessions, public hearings, and other meetings at
Client's request provided that Consultant has no conflicting prior scheduled
commitments. Usually such meetings` are conducted using virtual
technology due to travel time and availability considerations.
It is understood and agreed that Consultant will not re-engineer the applicant's
system. It is understood that Consultant does not have access to the same
simulation software used by Applicant or Applicant's contractors and equipment
suppliers, therefore Consultant cannot perform independent system design and
simulation. Application review will be based, on the technical documentation
provided by Client and reviewed in light of the technical principles governing
systems as proposed by Applicant. If identified and'deemed necessary by Client
during the review, ,Consultant will advise Client 'of costs and lead time for
procurement of RF propagation plots and/or other services from an outside vendor.
Such services and costs are not included in this; SOW. Client may decline
procurement of such services. When Client declinesJoutside services, aspects of
the review to which they are related are deemed to have been eliminated from the
SOW.
CLIENT'S RESPONSIBILITIES WHEN ACCEPTING THIS AGREEMENT
Client•agrees to inform Applicant's agent(s) that Consultant's non-legal services
have been retained.
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' Statement of Work,Page 2
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Ms.Maria Harris,Planning Manager
Proposed Statement of Work for City of Ashland, Community Development Department,6/21/21
Client agrees to obtain all relevant information and documents required for
performance of this agreement from Applicant. Client will provide said information
and documents to Consultant before the start of the RF review. Client agrees to
provide any materials relevant to the scope of work subsequently produced by
Applicant or Client in a timely fashion.
For municipal clients who anticipate reimbursement for costs under this
Agreement, Client agrees to make all reasonable efforts to obtain funds from
Applicant dither by advance payment into Client's municipal escrow account or by
other means determined by Client. In any case, Client agrees to delay hearings '
until suitable funds are committed by Applicant and/or impose conditions on any
Applicant permit approvals to require payment of Consultant's reasonable fees.
DEADLINE FOR COMPLETION OF THE WORK:
Unless otherwise agreed to and stated within this'Agreement, Consultant will
deliver a preliminary report to client within 4 weeks;after receipt of (1) a signed
acceptance of this proposal and (2) all other- required information needed to
proceed with the application review-such as any existing tower zoning ordinance
and updated application documentation. Authorization may be scanned/emailed
to Bilk WilliamPJohnson.com.
TERMINATION
Either Client or Consultant have the right to terminate this Agreement for any
reason, provided that written notice is given of :said termination. Email to
Bill c WilliamPJohnson.com by Client or by Consultant to the party signing 'this
agreement is deemed acceptable written notice to the other party. Termination
shall be effective upon receipt of written notice. Work performed by Consultant •
prior to the effective termination date shall be due and payable to Consultant upon
receipt of a final statement of services.
TERM. •
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This proposal and any resulting contract for services covers the two-year period
starting July 1, 2021.
FEES and COSTS:
Actual fees and costs for completion of all items in the proposed Agreement will
be determined according to the attached Schedule A, which is an integral part of -
this Agreement as if it was included here.
For municipal clients, it is recommended that Client obtain funds from the project
sponsor in escrow. It is acceptable to Consultant for Client,to secure $3,500 in a
municipal escrow account against which Consultant:can bill work as performed.
Should the balance in the municipal escrow account drop-below $500, Client will
require Applicant to deposit additional fundstoreplenish the escrow account to an
amount of at least$2,500:
Statement of Work,Page 3
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Ms.Maria Harris,Planning Manager
Proposed Statement of Work for City of Ashland,Community Development Department,6/21/21
Although a fixed not-to exceed amount cannot be established due to the wide
factual variations even between similar projects and many other variables beyond
the control of either Consultant or Client, based upon:past application reviews it is
anticipated that charges for services under this Agreement will likely not exceed
$7500 per site, and total fees and costs for performance of this SOW may be
substantially less. However, should this amount be reached prior to completion of
work, an estimate to complete the work will be provided to Client and further work
will be suspended until Client's authorization is obtained.
Neither party will be liable to the other party for any nonperformance or breach of -
this Agreement caused by any event beyond its; reasonable control. This c
Agreement and the rights and obligations of the parties under this Agreement will
be governed by and construed in accordance with the internal laws of the State of
New York without reference to conflict of laws provisions. In the event legal action
is necessary to enforce the payment terms of this Agreement,the Consultant shall
be entitled to collect from the Client any judgment Cr settlement sums due plus
reasonable attorney's fees, courtcosts, and other expenses incurred by the
Consultant in connection therewith and, in addition, the reasonable value of the
Consultant's time and expenses spent in connection with such collection action,
computed according to the Consultant's prevailing fee schedule and expense
policies. If any provision of this Agreement, or the application of such provision to.
any party or circumstance, is found by a court of competent jurisdiction to be
unenforceable for any reason, such provision will be modified or severed from this
Agreement to the extent necessary to make such provision enforceable against
such party or in such circumstance, unless such modification or severance would
render the remaining provisions of this Agreement inadequate to accomplish the
basic purposes and intent of the parties. Neither the unenforceability of such
provision nor the modification or severance of such provision will affect the
enforceability of any other provision of this Agreement. This Agreement
constitutes the entire understanding between Client and Consultant concerning the
subject matter of this Agreement, and supersedes any and all other prior and
contemporaneous agreements, whether oral or written, pertaining to the subject
matter of this Agreement. This Agreement may not be modified or amended, and
no provision of this Agreement may be waived, except in writing executed by each
of the parties. No failure to exercise or delay in the exercise of a party's rights
under this Agreement will constitute a waiver of such rights.
This Agreement may be executed in counterparts by signing this acceptance page,
each •of which is an original and together will constitute one and the same
agreement.Any signature delivered by facsimile or other electronic means will be
deemed an original signature for all purposes and will be binding on the signing
party. Signature page follows this page.
' � I
Statement of Work,Page 4
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Ms.Maria Harris,Planning Manager
Proposed Statement of Work for City of Ashland,Community Development Department,6/21/21
•
Proposed Statement of Work and
Engagement Agreement
including the attached Terms
and Conditions Accepted and
Authorized by:
Ms. Maria Harris William P. Johnson
• Planning Manager ' Consultant
City of Ashland, Community ' June 21, 2021
Development Department
Schedule A (Terms and Conditions) and Resume are attached
Please provide the following contact information:
Billing Contact
Address,
Phone & Fax
(if different)
Email address •
• (for correspondence & maria.harris@ashland.or.us
reports) •
(Please scan/email to Bill@WilliamPJohnson.com upon acceptance)
•
•
Statement of Work,Page 5
• i
William P Johnson
PO Box 20263
. Rochester NY 14602-0263
585.201.8744
Schedule A January 1, 2021 (unchanged from January 1, 2019)
Non-legal Consulting Rate and Terms and Conditions
1. Based on standard four-week lead time,consulting is billed at$350 per hour("Consulting
Rate"). Time in attendance at meetings, preparing reports, and telephone consultation
time are considered consulting. Expedlted schedule for work due with less than four-week
lead time(unless agreed upon otherwise)incurs a 20%premium on all billable consulting
hours. i a
2. ;;Travel time to and from meetings, field sites and other obligations ("Event") related to
• performance of the consulting agreement is billed at the reduced rate of$175 per hour
...;("Travel Rate").
•
3. ,-in addition to actual travel time at the Travel Rate,when Consultant must travel to an Event .1
.a minimum number of guaranteed consulting hours at the Consulting Rate applies to the
Event. Distances are determined by mileage from the then-current location from which
travel initiates and/or concludes(usually Brighton,NY).
DISTANCE Minimum Consulting Time
a. 0 to 10 miles: 1 hour
b. 10 to 40 miles: 2 hours.
c. 40 to 100 miles: 4 hours,
d. Over 100 miles: 4.hours or other specific minimum if so negotiated
4. Travel, lodging, meals,fees,and incidental expenses associated with the performance of
the consulting agreement will be billed at cost. Vehiclemileage will be billed at the current
IRS rate.
•
5. Invoices for consulting and other expenses. will be ;submitted to Client at one-month
intervals unless other arrangements are:agreed upon. Municipal Clients: Invoices,pre due
NET 45 days from.date of invoicing. Ron-Municipal clients: Invoices are.due and payable
upon receipt from retainer funds; Client must maintain:a positive retainer fund balance at -
all times for continuation of work. Some methods of retainer fund deposits Incur bank and
transfer fees. All transfer fees, charges and costs related to retainer fund deposits are
deducted from the retainer. Refund Of any unused retainer funds will be returned to Client
by check and there will be no fees or costs incurred fortis method of refund.
6. If requested by Consultant and upon approval of Client, Client will provide advance
payment or otherwise cover certain specific out-of-pocket expenses such as but not limited
to travel expenses,test equipment rental,procurement of RF propagation plots,and/or air
fare. needed for the.performance of assignments. ;If Client does not agree to such
prepayment,.Consultant's commitment to perform specific aspects of the assignments
related to such expenses are deemed waived by Client.
7. Client agrees that Consultant's liability for any and all matters arising from performance of
the Agreement is strictly limited to the work products stated in the Agreement as long as
• Consultant acts with reasonable care. Consultant's liability does not under any
circumstances extend to Client's actions based on Client's unilateral interpretation of the
work products. i
•
Statement of Work,Page 6
RESUME
•
William P. Johnson
PO Box 20263 Rochester NY 14602..0263
Consulting Office Email
(585) 201-8744 voice Bill@WilliamPJohnson.com
(585) 736-4630 fax
EDUCATION:
JD(furls Doctor), February,2007 from University at Buffalo Law School, Buffalo, NY
MSEE(and BSEE), May 1988(May 1981)from Syracuse University; Syracuse, NY.
BA in Philosophy and Religion, May 1976,from The King's College, New York, NY.
LICENSURE: •
Admitted to New York State Bar, February,2009.
PROFESSIONAL EXPERIENCE: ,
ROCHESTER INSTITUTE OF TECHNOLOGY, Rochester, NY
September 1989 to June, 2020
Professor and Graduate Program Director,Telecommunications Engineering Technology
program, Department of Electrical-Computer-Telecommunications Engineering Technology.
Teaching responsibilities Included courses in linear electronics,.wireless communication systems,
RF/microwave technology, and telecommunications systems. http://people.rit.edu/woliee/
Awarded title of Professor Emeritus,June,2020. .
VARIOUS MUNICIPALITIES AND RESIDENT ASSOCIATIONS
Consultant for Cellular/PCS Wireless and Broadcasting Facility Zoning
April 1997 to present
Engineering consultation to municipal and resident associations for Cellular/PCS
Telecommunications and broadcasting facility permit applications. Services Include RF drive test
monitoring, RF propagation plot evaluation and alternate site analysis. Site selection issues such
as co-location and public health concerns are explained and presented for resolution at work
sessions and public meetings, Technical expert testimony for trial and appeal Sprint Spectrum L.P.
vs. Wilioth, 176 F.3d 630 (2nd Cir. 1999)on behalf of the Town of Ontario-an important precedent
regarding the Telecommunications Act of 1996. http://www.WilliamPJohnson.com/
MUNICIPAL&ASSOCIATION CLIENTS
ADIRONDACK COUNCIL(NY) January,2005—December,2005
SCENIC HUDSON, Inc. (NY) May,2007—November,2010
TOWN of FORT ANN RESIDENT'S ASSOC March,2001 —July,2005
TOWNSHIP HOMEOWNER'S ASSOC. (NJ) February,2008—May,2008
CITY of ASHLAND,OR January,2018-June,2020
CITY of AUBURN NY November,2015—January,2016
TOWN of AURORA, NY July,2001'—March,2010
TOWN of AUSTERLITZ, NY March,2019—June, 2019
TOWN of BETHLEHEM, NY. May,2017;—June,2017
TOWN of BOSTON, NY August, 1097--December, 2001
TOWN of BRIGHTON,NY December; 1999-January,2008
TOWN of BRUNSWICK, NY July, 1998'--September, 1999
TOWN of BRUTUS, NY February,2001--May,2001
TOWN of BUSTI,NY September,2002—July,2003
TOWN of CAIRO, NY May,2014—July,2015 (
TOWN of CAMBRIA, NY September,2004--December,2004
TOWN of CANANDAIGUA, NY June, 1997-August, 2000
TOWN of CARLTON, NY October,2005—December,2005
Statement of Work,Page 7
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Resume,William P. Johnson(continued) .
TOWN of CAZENOVIA, NY May,2007—November,2007
VILLAGE of CAYUGA HEIGHTS November,2005—February,2006
TOWN of CHAUTAUQUA December;,2001 —November, 2002
TOWN of CHILI, NY March, 1998—August,2007
TOWN of CICERO July,2008—December,2008
TOWN of CLARKSON, NY May,2007—March,2013
TOWN of CLIFTON PARK August,2007—February,2017
TOWN of CORINTH, NY October,2020•—December,2020
TOWN of CORNING, NY February,2002—March,2002
TOWN of DELAWARE, NY June,2001 —September, 2001
'TOWN of DeWITT, NY January,2008—March,2016 .
TOWN of EAST BLOOMFIELD, NY May, 1998
TOWN of ELLERY February 2002 -April,2017 ,
TOWN of ELLINGTON February,2007—May,2007
TOWN of FORT EDWARD, NY November,2009-,February,2016
TOWN of GRAND ISLAND, NY October,2008—December,2008
TOWN of GENESEO November,2006—May,2007
TOWN of GREECE NY May,2000—June,2017
TOWN of GREENFIELD RESIDENT'S ASSOC February,12002—March,2002
TOWN of HAMBURG, NY October.,2001 —
TOWN of HAMMOND,NY September,2008—November,2009
TOWN of HARTLAND,NY May, 1998
TOWN of HENRIETTA, NY September, 2001 —July,2008 _
TOWN of HYDE PARK, NY June,2020—September,2020
TOWN of ITHACA May,2009—July 2009 [
TOWN of IRONDEQUOIT, NY March,2002—July,2008
TOWN of LAFAYETTE April,2007—May,2007
TOWN of LAKE LUZERNE October,2020-Present
TOWN of LOCKPORT, NY May,2017—May,2018
TOWN of LIMA CITIZEN'S ASSOCIATION July 1997-August, 1997
TOWNNILLAGE of LIVONIA, NY . February,2016—March,2019
TOWN of MARION, NY October, 1999
VILLAGE of MACEDON, NY August,2006 , .
TOWN of MENDON, NY July,2001—May,20.17
TOWN of MILTON,NY July,2018—October,2018
TOWN of NASSAU NY January,2017—May,2017
TOWN of NEW HARTFORD, NY May 2014—April,2016
TOWN of NEWARK VALLEY, NY September,2005-October,2005
TOWN of NORTH HARMONY,NY May,2002—February, 2007
• TOWN of OGDEN, NY December,2000—January 2005
TOWN of ONTARIO, NY May, 1997-February, 1998
TOWN of ORCHARD PARK, NY June,2002—July,2007
PALMYRA(PA)TOWNSHIP •. June,2001- .December, 2001
TOWN of PENFIELD, NY July, 1997 August,2007
TOWN of PITTSFORD,NY. March, 1998-February, 2018
VILLAGE of PITTSFORD, NY • November,2007. —June,2008
• TOWN of POLAND, NY September,2002—January,2003
CITY of ROCHESTER, NY March 1, 1998—December 31,2010
TOWN of RODMAN September,2006
TOWN of RUSH, NY April, 1997—April,2000
VILLAGE of SCOTTSVILLE August,2014-December,2014 •
TOWN of SPAFFORD,NY July,2007—October,2007 -
TOWN of STEPHENTOWN, NY June,2001 —August,2001
TOWN of SWEDEN, NY - , April,2001 —October,2020
TOWN of VICTOR, NY January,2002.—April,2007
TOWN of WALWORTH, NY June, 1997--March,2007
TOWN of WEBSTER,NY July, 1997—October,2009'
VILLAGE of WESTFIELD April,2005—September,2006
.
' ,Statement of Work,Page 8
,
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Resume,William P. Johnson (continued)
•
TOWN of WHEATFIELD, NY September,2016--October,2016
PREVIOUS PROFESSIONAL EXPERIENCE:
BEHAN PLANNING ASSOCIATES, Saratoga Springs, NY
January, 2001 — March, 2001
Served as one of three authors for the engineering sections of the NY Department of State
guide manual for wireless telecommunications facility site evaluation and placement(release date
April,2001 through NYS Department of State).
MARS HILL BROADCASTING COMPANY, Inc., Syracuse, NY
December 1978 to present
Presently serving as a volunteer director. Past duties included service as consultant during
1994 for technical and management transition. Staff Engineer,responsibilities through May 1980
included the design and installation and trouble-shooting of broadcast audio and RF transmission
equipment.
MICROWAVE FILTER COMPANY, INC., East Syracuse, NY
September 1989 to November 2002
Consultant for various RF/microwave design projects and In-plant educational activities.
June 1980 to August 1989
Chief Engineer,Director of Engineering,and Vice President. Responsibilities included the
management and technical direction of the company's research, development, and design
engineering operation. In addition,other full and part-time employment in the electronics field since
1971.
COMMUNICATIONS AND ENERGY CORP., Syracuse, NY
November 1992 to April 1993
Consultant for RF/Microwave circuit simulation and test.
SMITH CORONA CORPORATION, Cortland NY
July 1991 to September 1992
Consultant for high-volume product EMi/EMC design and compliance.
MEMBERSHIPS:
Institute of Electrical and Electronics Engineers(IEEE)
New York State Bar Association
New York State Academy of Trial Lawyers
SELECTED ACTIVITIES/PRESENTATIONS/PUBLICATIONS:
2018 IEEE International Symposium on Technologies for Homeland Security(HST)
• "Applying Machine Learning in Managing Deployable Systems"(see
https://www.researchgate.net/publication/329649929_Applying_Machine_Learning_in_Managing
_Depioyabie_Systems) .
"Providing first responders with real-time status of cellular networks during a disaster"(See
https://www.researchgate.net/publication/329648918 Providing first responders with_real-
time_status_of cellular networks_during_a_disaster)
Planning and Design Manual for the Review of Applications for Wireless Telecommunications
Facilities(New York Department of State Division of Local Government Services, March,2001)
Johnson,W.P. and A.T.Adams"Multiple-Post Obstacles in Rectangular Waveguide:Theory and
Experiment", National Radio Science Meetinq, Program and Abstracts(Boulder, CO:January,
1989), p.60.
Statement of Work,Page 9
-' •
•
.Resume,William P. Johnson(continued) S
Masters Thesis:"Measured Response of Various Waveguide Inductive Post Arrays Compared to
Theoretical Results", May, 1988.
Co-author of The ASTI Handbook(published by Microfilco Press), a reference text on satellite
ground system interference suppression.
Developed and presented a 3-hour training course on interference avoidance and suppression for
the Satellite Business Communications Association's(SBCA)member certification program. • s
Author of several industry publication articles dealing with RP/IVlicrowave system Interference
reduction and suppression
•
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Statement of Work,Page 10
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William P Johnson
PO Box 20263
Rochester, NY 14602-0263
June 21, 2021
•
Ms. Maria Harris,AICP
City of Ashland, Community Development Department
20 E. Main St.
Ashland, OR 97520
RE: Proposed Tower Telecommunication''s Facility Site Review
For Two-year Contract Period Starting July 1, 2021 .
Dear Ms. Harris,
In response to your email last week, I am pleased to submit the following
information regarding engineering services for telecommunication facility site review for a
two-year contract period starting July 1, 2021. The following pages provide an
introduction, a proposed Statement of Work and Engagement Agreement (SOVV) for
engineering services, and my resume. If you are authorized to enter contractual
agreements, you can accept this SOW by signing the SOW signature page and
scan/email that page to Bill@WilliamPJohnson.com.
I am admitted to practice law in the State of New York. In order to eliminate any
possible confusion please be aware that the attached proposed Statement of Work for
engineering services does not constitute an offer to provide legal services and, if
accepted, does not establish any attorney-client relationship. Since there is no attorney-
client relationship relative to the proposed non-legal 'services, the protection of an
attorney-client relationship generally would not exist. If you have any questions about
the limitations please let me know and consult your own attorney for clarification. The
remainder of this letter provides background information and attempts to answer certain
questions that are often posed by prospective clients. '
Whenever a consultant is retained to assist your municipality, their
reputation and integrity will reflect upon your board and your community. You may
encounter some firms and individuals that either purposely or through incompetence
confuse municipal staff and the public, generate controversy, and waste a client's time on
alternate sites or technology solutions that are not viable under the pretense of a thorough
review. By contrast, I strive to keep the options presented to my clients realistic, viable
and technically sound. I never demand bureaucratic compliance with self-created
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City of Ashland, Community Development Department 6/21/2021
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arbitrary and burdensome checklists of irrelevant detailed requirements external to the
municipal code requirements when sufficient information is otherwise available. While
disagreements between tower project sponsors and a client arise due to competing goals,
your consultant must strive to keep the discussions both professional and meaningful on
your behalf with the goal of a thorough review under reasonable and necessary costs.
Other consultants may take a different approach. You should carefully vet any potential
consultant for their mode of operation, integrity and reputation. There are ways to
collaboratively reach a good solution without feigned litigious hostility, showmanship,
generation of poor community relations, and gratuitousbillable hours. My qualifications,
experience, and demonstrated ability to build consensus can lielp,:you develop a sound
record of substantial evidence upon which to base j your decisions and avoid an
unfortunate community-damaging experience.
'., GENERAL BACKGROUND AND QUALIFICATIONS
My, full-time professional responsibilities ; since 1980 centered on
telecomniunications, wireless technology and law. j This expertise and extensive
experience'is regularly applied on behalf of municipal and resident association clients.
By way of introduction, I am Professor Emeritus at Rochester Institute of Technology
where. I .served as director of the graduate M.S. program in telecommunications
engineering technology until retirement from the university in June, 2020. I hold graduate
degrees in electrical engineering and law. My teaching and research included courses in
radio-frequency (RF) systems, telecommunications systems, and law. I joined RIT in
1989 after a series of engineering positionsin the RF/microwave industry. Since then I
have worked as an independent consultant for several electronics manufacturing
companies and, since 1997, with numerous municipalities in New York and elsewhere,
and a few resident associations, toprovide RF consulting services related to the review
of cellular/PCS, broadcast and communication tower special use permits and zoning
variance approvals. My resume is attached.
•
SUMMARY OF RELEVANT EXPERIENCE
Since 1997 I have had the opportunity to serve more than 80 municipalities
involving multiple tower applications and four citizen's associations in their evaluation of
proposed telecommunication tower facilities and alternatives. Over the years I have held
positions as an RF design engineer, as engineering consultant with several electronics
manufacturers, and as staff engineer with a broadcast facility.
•
The services provided to municipal clients typically,involve RF evaluation of
proposed tower facility plans including review of , both informal proposals and
environmental impact studies created under the New York State Environmental Quality
Review Act (SEQRA) or similar during a SEQRA-like!review. Other services include
monitoring of RF drive-test performance used to justify tower height requirements and •
presentation of technical testimony at public.hearings. In 19981 provided zoning review
support and subsequent expert testimony during litigation on behalf of defendant Town
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City of Ashland, Community Development Department 6/21/2021
of Ontario in Sprint vs. Willoth litigation in US Western District Court and on appeal to US
Circuit Court of Appeals 2nd Circuit in May, 1999. The town prevailed in both,actions.
In 2000 I was invited to collaborate with a multidisciplinary team to author the
technology section of the New York Department of State Land Use Technical Series
publication Planning and Design Manual for the Review of Applications for Wireless
Telecommunications Facilities. This project was co-sponsored by NY-DOS and the
Town of Pittsford. The manual covered the essential technology, legal,and zoning issues
surrounding telecommunication tower permit applications at that time. The manual can
be downloaded from the following URL. Although many aspects of telecommunications
technology and law have changed since 2000, the manual still provides an overview of
considerations for municipal site review.
http://wwiw.dos.nv.gov/Ig/publications/Wireless Telecommunications Facilities Manual.pdf
DESCRIPTION of SERVICES OFFERED:
Most municipalities already have the technical and legal expertise to assist zoning
and.planning boards to evaluate the visual, environmental, and structural concerns
associated with telecommunications tower zoning. I do not duplicate those services when
• they are available. Rather, building upon the level of a municipality's in-house expertise
I help fill the need for trusted and independent RF engineering expertise. That focused
expertise assists clients evaluate the unique characteristic of proposed projects, develop
alternative options and speed productive negotiations between the service provider and
the lead municipal agency. My education in engineering and law, my experience in the
RF/microwave industry, and a more than two-decade-long interaction with numerous
cellular/PCS service provider and industry legal, technical and site acquisition
• representatives have provided substantial background to allow evaluation of technical
documentation such as RF propagation plots and drive-tests—the basic RF analysis tools
used to justify tower height, site selection, cell coverage, co-location of transmitting
facilities, capacity limitations, and interference issues.
Some examples of cellular/PCS projects include:
• Investigation of an alternate location on proposed property based on empirical RF
drive test results that allowed relocated a proposed 100' artificial tree bordering
residences to a location adjacent to land owner's facility away from neighbors. •
•• Negotiation- support for requests to a service provider to reconsider alternate
locations for a new 200' tower to avoid undue visual impact for the neighborhood.
• Clarification and analysis of a proposed wireless tower site where the wireless
service provider neglected to explain their reluctance to use alternative sites was
based upon an essentially unstated in-building RF coverage requirements in a
nearby commercial area where land control was not available,
• Evaluation of a proposed 250' tower in a vacation area that would have required
FAA lighting that lead to a recommendation of reduction to 150' (the municipality
decided to permit 199' to allow collocation opportunities).
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City of Ashland, Community Development Department 6/21/2021
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• Site analysis and RF drive test monitoring that resulted in reduction of an originally
proposed 250' lattice tower to 135' to remove FAA, lighting requirements and
reduce the visual profile of the tower.
• Evaluation of a new digital broadcast tower proposal to address the concerns of I.
area residents related to.interference and NIER1 exposure. Part of the project
included the test plan development and' execution to obtain base-line signal
intensity measurements in the area and a follow-upset of tests three years later.
• Verification and interpretation of RF drive tests that led to a 20 foot reduction in a
"stealth" co-location structure proposed by three service providers.
• Review of documentation for an initial zoning variance application that was,shown
insufficient to justify the site and failed to prove need.
• Analysis of RF propagation plots (RF signal coverage simulation) leading to the
conclusions that an alternate existing site may f be more viable than originally
presented by a speculative tower company.
• Review of a proposed 185'tower in a rural residential area that was later shown to
be 7viable at 145' by RF drive test evaluation. Thelsite was subsequently placed in
operation for three providers without any additional height.
• Negotiation of alternate antenna deployment that led to the use of"flush-mount"
antenna arrays to reduce visual cross-section on a monopole tower.
• Review of service provider documentation that revealed anerror in RF propagation
analysis that allowed approval of a tower that was 50' shorter than that.originally
proposed by the applicant. .
• Review and assist a town attorney in re-writing a.town tower law to protect town
' planning goals, preserve aesthetic requirements, .and speed special permit
application review.
While the outcome of each of these example projects ultimately turned on the specific
facts and their interpretation by my clients, these examples demonstrate some of the
ways that meaningful discussions can lead to the consideration and analysis of alternate
sites for potential reduction of visualand environmental impacts of cellular personal
communications services, broadcast and communication tower site selection. Most. of
these outcomes were accomplished with the cooperation of the project sponsors and
without resorting to a formal SEQRA environmental impact study or any additional legal
process.
In practice, service providers and other wireless communication system designers.
configure their networks based upon proprietary marketing and business information
within the technical limitations of their equipment. On behalf of my clients, i always seek
to maintain an open and working dialog with the appropriate personnel to ensure that the
best available options are presented to the lead agency reviewing the proposal. While it
is my opinion that it is usually not appropriate for an outside party to re-engineer an
applicant's proposed communications network, alternative sites and mitigation measures
to reduce tower height or modify tower location can be readily evaluated by an
independent party-especially when preferred areas or site:designs are identified by the •
municipality and residents. When more information; is needed, or when such an.
evaluation identifies issues that need to be addressed, these can be discussed with the
project sponsor's technical personnel and brought to the municipality agency for
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City of Ashland, Community Development Department 6/21/2021
discussion. Highly-engineered wireless systems, especially in the emerging 5G
environment, rarely can be optimized to meet all technical, business, and environmental
goals. However, acceptable compromises between these goals can usually be found
when all the facts are in the open and meaningful discussions take place. Collaborative
problem solving will become more crucial as the wireless communications industry
expands "5G" digital data technology deployment and moves to fill-in weak coverage and
inadequate capacity areas. Wireless mobile use has been growing at unprecedented
rates. Knowledgeable sources in the last ten years hint that in the near-term there will be
a need for two or three new base station sites for every one existing site. Some of the
new sites will be in the form of co-location sites on existing structures and "micro" sites
on utility poles or buildings. Some of the new sites will;require new towers or "stealth"
structures. The services I offer can substantively assist your review of proposals for these
projects.
The following are some other items on which some clients have requested specific
information,in the past and which may be of interest to you.
KEY PERSONNEL:
Regarding engineering services, I work independently under my own name as an
independent 'consultant and sometimes ;partner with full-service
civil/mechanical/environmental engineering consulting firms on a project-by-project basis
to provide them with expert radio-frequency services that enhance the services provided
to their municipal clients and mine. Occasionally I partner with colleagues at Rochester
Institute of Technology to assist my,clients on site review.' -
STATEMENT OF NO CONFLICT:
Many wireless service providers, at least in the New York state, are familiar with
my work and reputation. Sometimes they are asked by municipal staff_for .a
recommendation for a consultant and they provide my contact information as a courtesy.
It is possible that you may have received such a referral. If so, be assured that I have
never worked for and have no conflict of interest with any wireless
telecommunications applicants or communication service providers. While some
municipal clients for whom I have worked have sought reimbursement under municipal
laws and zoning codes, I am retained by the municipality 2 not by the tower applicant. I
have cellular service with AT&T Mobility(formerly Cingular Wireless in the Rochester, NY
region) as one of their regular paying customers. I currently serve as a volunteer director
with Mars Hill Broadcasting Network, a New York not-for-profit corporation that owns
several full-power and low-power FM broadcast stations in New York state.
HOURLY RATES:
Please refer to the attached "Statement of Work" and "Schedule A" for rates and (-
terms. Billing will be performed no more often than 30-day intervals. Work undertaken
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City of Ashland, Community Development Department 6/21/2021
and each Statement of Service will contain sufficient detail to permit scrutiny to assure
work billed is necessary and reasonable to supplement your existing review authority.
Subject to review and advice of your own attorney, New York case law has established
that fees incurred in connection with application review must be both reasonable and
necessary, and not incurred merely for the convenience of the reviewing board or for
municipal revenue-generating purposes.1
OTHER INFORMATION:
1. Although it has never been an issue in the numerous cases with which I have been
involved, I do not have access to the same propagation software and system
information used by the service providers, equipment vendors- or contractors.
Therefore, I do not offer to provide independent design of
cellular/PCS/AWS/LTE/5G, broadcast, or other telecommunication systems. In
the unlikely event this was ever deemed necessary there are independent firms
that can provide such supplementary design and analysis services for a fee.
2. Since I provide non-exclusive consulting services to other clients, perform research
as a Professor Emeritus at RIT, previously scheduled client and other
commitments must take precedence. Project meeting commitments will require
coordination with other scheduled work so as to avoid conflict. Online collaboration
may be required due to distance and availability. I'strive to make every reasonable
effort to accommodate a client's request for a scheduled meeting time. Once
committed, I will reserve that time for the client's purposes.
3. My area of engineering expertise is primarily RF and microwave engineering, and
it is on such matters that I can provide service to supplement existing staff and
consultants. For example,while I am able to investigate and evaluate the technical
RF issues and implications of specific sites, the areas of public safety, structural,
and environmental engineering- matters must be left to the consideration of
appropriately licensed professionals. If legal services are requested, a separate
engagement agreement proposal for those services will be offered for your
consideration.
4. Please be advised that I am licensed as an attorney and admitted to practice law
in the State of New York. However,the attached proposal for professional services
does not constitute an offer of legal services. The engineering services offered in
the present proposal are not and are not intended to be legal services. You are
notified that the protection of an attorney-client 'relationship does not exist with
respect to the non-legal engineering or other services. If you have any questions
about the lack of an attorney-client relationship please let me know and consult
your attorney for clarification. If legal services are required in New York, we can
See MetroPCS New York,LLC v.City of Mount Vernon,2010 WL 3700845(SI)NY 7/22/2010);Jewish
Recontructionist Synagogue v.Village of Roslyn Harbor,40 N.Y,2d 158,386 N.Y.S,2d 548(2"d Dept, 1988);Twin
Lakes Development Corp.v.Town of Monroe,300•A.D.2d 573,752 N.Y.S.2d.546(2"d Dept.,2002).
6
City of Ashland, Community Development Department 6/21/2021
discuss an engagement of those services under a different professional services
agreement.
A proposed Statement of Work for engineering services is enclosed. Thank you for
considering use of these services. Please let me know if you have any questions or if
there is any additional information that would help you and your staff reach a decision.
can be reached on my cell phone (585) 201-8744, or by email at
Bill@WilliamPJohnson.com. •
Sincerely,
I �1 �
William P;Johnson
Consultant.
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